The court read and considered the following papers on defendant's motion to
dismiss the claim pursuant to CPLR 3211 and/or 3212: Notice of Motion,
Affirmation and Exhibits; Affidavit in Opposition.

Claimant Joseph Volpe alleges that he was injured in a construction accident at
the Supreme Court, Queens County on July 15, 2002. The claim seeks to impose
liability on the State of New York, pursuant to the Labor Law, as the alleged
owner of the premises and contractor with respect to the construction project in
question.

In support of the motion to dismiss, defendant argues that it does not own the
courthouse in question, and the proof submitted in support of the motion,
including public records available on the city's web page, supports that
assertion. Such records also indicate that the project was part of a court
construction program managed by the Dormitory Authority of the State of New York
(DASNY).

In opposition to the motion, claimants argue that the "mere statement" of the
Assistant Attorney General is not sufficient to find that the city, not the
state, is the owner of the premises, and that only a certified copy of the deed
would suffice for that purpose. All of the documentary material submitted by
defendant, which was produced by the city and DASNY, indicates that the project
was a joint city/DASNY project and that the city is the owner of the premises.
Claimants have not produced any evidence to indicate a scintilla of doubt as to
those two conclusions or any support for their contention that, under these
circumstances, it is incumbent upon the state to produce a certified copy of a
deed to premises it does not own.

The pendency of an action in Supreme Court against DASNY and the city only
serves to support defendant's contentions on this motion, notwithstanding the
city's alleged denial of ownership in that action.

Accordingly, the motion is granted and the claim dismissed for failure to state
a cause of action against the State of New York.